McCue v. Smith
Supreme Court of Minnesota
APPEAL EROM THE DISTRICT COURT OE WASECA COUNTY. Points and authorities of Counsel for Appellant. I. Property acquired by a wife while deserted by her husband is regarded as her separate estate. 1 Ath. Hep., 2Y8; 2 McQueen, on Sus. and Wife, 323; 4 McCord's Pep., 148; IV Sergt. S' Pawle, 130; 1 Pet. Pep., 480; 1 Vernon, 104; 1 Pos. S Pul., 359; 15 Mass. Pep., 31; Bell on Prop, of Sus. S Wife, 48V; 25 Law Pep., 352; Robert's Eq., 156; 2 Story's Eq.
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APPEAL EROM THE DISTRICT COURT OE WASECA COUNTY. Points and authorities of Counsel for Appellant. I. Property acquired by a wife while deserted by her husband is regarded as her separate estate. 1 Ath. Hep., 2Y8; 2 McQueen, on Sus. and Wife, 323; 4 McCord's Pep., 148; IV Sergt. S' Pawle, 130; 1 Pet. Pep., 480; 1 Vernon, 104; 1 Pos. S Pul., 359; 15 Mass. Pep., 31; Bell on Prop, of Sus. S Wife, 48V; 25 Law Pep., 352; Robert's Eq., 156; 2 Story's Eq. Jur., secs. 1385-8V; 8 Placlcf. Pep., 240-42. 2. Though & femme covert may not contract a personal obligation to be enforced against her at law,…
1Opinion of the Court
By the Court
McMillan, J.
The complaint in this action avers that prior to the year 1860 the Respondents had intermarried with each other, and had lived and cohabited together as husband and wife ; that several children had been born of said marriage and were still living; that the Defendant David Smith, in the early part of the year 1860 separated from and abandoned his said wife without making any provision for her future maintenance and support, and went off to a place called Pike’s Peak, declaring at the time his intention’ never to live with her again in the relation of husband and wife,…
2Cited by21 opinions
- State ex rel. Patterson v. BatesSupreme Court of Minnesota · 1905
- State ex rel. Young v. BrillSupreme Court of Minnesota · 1907
- Love v. Kirkbride Drilling & Oil Co.Supreme Court of Oklahoma · 1913
- Hassler v. EngbergSupreme Court of Minnesota · 1951
- State ex rel. Wheeler v. FoleySupreme Court of Minnesota · 1883
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